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Practice Note No.1 of 2006 [2006] NRSC 12 (18 January 2006)

IN THE SUPREME COURT OF NAURU

Practice Note No. 1 of 2006

LAND APPEALS – INHERENT POWER OF COURT

1. Where a land appeal that is out of time is lodged with the Supreme Court is called upon to make use of its inherent power which has statutory recognition under section 72 of the Civil Procedure Act 1972, the grounds of such appeal are limited to allegation of gross irregularity of procedure in the determination of the Nauru Lands Committee, proven fraud, and failure of natural justice. It should be noted that error in application or interpretation of existing law will not be a ground for acceptance of appeal out of time.

2. The land appeal in such instance as the above must not only state the grounds of appeal, as required by Practice Note No. 1 of 2002, but must in detail set out the evidence in writing through which the Court is being asked to exercise its discretion to grant leave to hear the appeal.

3. The grounds of appeal and the documented evidence in seeking the appeal must be filed with the Court and served on the respondent at the time of filing.

4. The respondent will have 21 days to file a document raising any objections to the granting of leave by the Court to hear the appeal.

5. The question of the granting of leave will be conducted by a hearing in Chambers on the filed documentary material. No oral evidence will be taken on the question of granting leave. The Court must be satisfied on the documentary material that there is a strong case based on the limited grounds stated above before the Court will exercise its discretion to grant leave.

6. If leave is granted, the case will proceed as for a land appeal in accordance with Practice Note No. 1 of 2002.

7. This Practice Note is to operate immediately.

Barry Connell
CHIEF JUSTICE

18 January, 2006